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(영문) 부산지방법원 2015.05.15 2014가단43232
인건비 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 570,00 and the amount shall be 5% per annum from July 2, 2014 to May 15, 2015.

Reasons

1. The Plaintiff’s assertion is a claim for payment of personnel expenses of KRW 2690,00,00,000, as the Plaintiff received a request from the Defendants who engage in the building demolition business, etc. under the trade name D, from November 29, 201 to October 25, 2012.

In addition, a total of KRW 52 million is loaned to the defendants several times, and there is a loan claim equivalent to the same amount.

Therefore, the Plaintiff has a total of KRW 7,469 million claim against the Defendants (i.e., labor expense claim of KRW 22.69 million). Among them, the Plaintiff received a total of KRW 5,455 million from the Defendants several times, and thus, sought payment of the remainder.

2. In the instant case, there is no dispute between the Defendants and the Plaintiff regarding the total amount of KRW 54,550,000,000.

The key issue is that the Plaintiff’s total amount of personnel expenses and loans to be paid from the Defendants (the Plaintiff claimed to be the total amount of KRW 74.69 million, while the Defendants recognized only KRW 5,5120,00 among them).

There is a burden of proof on the plaintiff, and it is difficult to recognize that the amount reaches KRW 7,4690,00 as the plaintiff's assertion, even after examining all the statements in Gap's 1 through 6 and witness E's testimony submitted by the plaintiff.

Therefore, the Plaintiff’s assertion is without merit, except for the part of KRW 570,000,00.

Ultimately, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 570,00 as well as damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from July 2, 2014 to May 15, 2015, which is the date following the delivery date of a copy of the complaint of this case, to the Plaintiff, as well as at the rate of 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Thus, the plaintiff's claim of this case is to be recognized.

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